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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47355
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi I would like to employ my ex-wife and give her a part

Resolved Question:

Hi

I would like to employ my ex-wife and give her a part time Job (20/25 hrs per week) to perform small admin tasks and sales work
I run a 1 man Limited company in IT and was wondering if I can post here the wording of the contract to get some feed-backs?

thanks
Marco
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. ok is there anything specific you need

Customer:

Dear xxxx


 


PRINCIPLE STATEMENT OF TERMS AND CONDITIONS


 


I am pleased to confirm your appointment as Administrator with xxxxxx Limited. This document outlines the Terms and Conditions which apply to your contract and other information which is relevant to your employment.


 



  1. The commencement date of this contract is 01/07/2014.


 



  1. Your date of commencement of continuous service with xxxxx Limited or its subsidiaries is 01/07/2014.


 



  1. Your base will be xxxxxxxxx, however the Company reserves the right, with appropriate consultation with you, to change your base should the needs of the Company require this.


 



  1. You Job title will be Administrator and Sales executive, your duties are outlined in your job description


 



  1. Your working hours will be 20 per week. The Company may require you to vary the pattern of your working hours if required on a temporary or permanent basis should the needs of the post require this.


 



  1. You will be subject to the terms and conditions as agreed and amended from time to time by the Company as outlined in its policies, procedures, handbooks and other relevant documents.


 



  1. If the Company makes an overpayment to you to which you are not entitled, or is more than that to which you are entitled, you agree to allow the Company to recover the overpayment by deductions from your salary or other payments due to you. Any deductions will normally be made over the same period that the overpayment was made. It is in your interests to regularly check your pay slips.


 



  1. Your annual salary will be £9600, you will be paid monthly on 28th day of the month to a bank account of your choice.


 



  1. The Company leave year runs from the 1st of April to the 31st of March. You are entitled to 5.6 Weeks leave (pro-rata based) days inclusive of statutory / local holidays as agreed annually by the Company.


 



  1. You are obliged to give the Company one week notice to terminate your contract of employment. The Company is obliged to give you the statutory minimum amount of notice before terminating your contract.


 



  1. This post is subject to the completion of a 3 month probationary period. At the end of this period if your performance is of a satisfactory standard your appointment will be made permanent. During this period, one weeks notice may be given by either party to terminate this contract.


 



  1. You may be automatically enrolled into the Company Pension, depending on your level of earnings; however you may also choose to opt out of this. Should you opt to take out a Personal Pension Plan then this is a private matter between yourself and the financial institution concerned, and does not involve the Company in any way.


 



  1. You are required to report any sickness absence as soon as is practicably possible to your immediate superior, and provide certification of sickness in line with Company policy.


 



  1. In the course of your employment you may have access to confidential material both in paper and electronic form. On no account should this information be divulged to any unauthorised person. Breaches of confidentiality will be dealt with through the Company Policy and Procedure on Disciplinary Action.


 



  1. It is a condition of your employment that the Company is satisfied on your medical fitness to carry out your duties. This appointment is conditional on a satisfactory Occupational Health Service / Company Doctor assessment. Should it be deemed necessary during the course of your employment, you may be required to attend for a medical examination from the Company Doctor / Occupational Health Service.


 



  1. Your employment with the Company may be dependant upon the possession of particular qualifications or registration with a statutory Body or other Authority; evidence of this must be produced on request. Failure to produce such evidence may lead to the termination of your employment.


 



  1. Access to all Handbooks, policies and procedures etc. is available through your line manager or the HR Department / Company Head Office, and copies can be provided on request.


 


 


If you are in agreement with the above terms and conditions please sign both copies of this statement, retain one and return the other to me.


 


 


 


 


Yours sincerely,


 


 


 


xxxxx


Director
For xxxx Limited


 


 


 


FORM OF ACCEPTANCE: I accept this appointment on the terms and conditions stated above


 


 


 


 


 


SIGNATURE______________________________________


 


 


DATE_______________________


 

Customer:

I don't want to make it overly complicate but I'd like to know if all the areas are covered?

Ben Jones :

ok did you get the report regarding the value of the question, currently it is underpriced

Customer:

Also I mentioned Company Policy and Procedure but I don't have any at this time as I run my company alone for years and I didn't need this, would this be an issue to mention it?

Ben Jones :

ok did you see my comments above please?

Customer:

Hi Ben, I would consider a bonus if this is what you mean so we can progress?

Ben Jones :

Thanks, ***** ***** discuss payment options directly with you unfortunately as it is against the rules but I did submit an underpriced report as the current value was the lowest available and would not reflect the complexity of the question but you can resolve this as you wish...I will get to work on this shortly

Customer:

I did not get any report at present where do I see it?

Ben Jones :

should have been emailed to you

Customer:

OK I'll wait to receive the Email

Ben Jones :

Hi, on first look it looks mostly fine - you have most of the basic requirements in place. What you need to ensure is that you meet the requirements for providing a written statement of employment particulars, which is not exactly a contract, but very similar, and something you must give the employee within 2 months of starting. The legal requirements for the contents of such a statement can be found here:

http://www.legislation.gov.uk/ukpga/1996/18/section/1

It may be worth checking whether there is anything else you wish to include from that list, although some parts may not be relevant and do not have to be included.

As to the current draft, you may wish to consider the following:

1. Provide details of how the probation will be confirmed, for example you may wish to state that until the successful completion has been confirmed in writing, the probation would not be confirmed, just so she can't claim that ones the 3 months have passed she is automatically no longer on probation. Also you may wish to include a sentence allowing you to extend the probation if necessary.
2. Remove part of the paragraph about health assessments - these are no longer allowed before you employ someone, although you can state that she could be expected to see OH if necessary during the course of her employment with you

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer:

Hi Ben - thanks for this, most of the information required for the Employment Particulars are already in the draft letter above, do I need to produce a second document or can I merge the missing information in the existing document?

Ben Jones :

You are certainly able to merge the missing info in the existing document

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

Customer:

Thanks for your help Ben - I am good for now

Ben Jones and other Employment Law Specialists are ready to help you

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